7 Reasons Indian Nationals Should Apply for a National Interest Waiver (NIW)
-By Shah Peerally, Esq. – U.S. Immigration Attorney
If you’re an Indian national living in the U.S. on an H-1B visa or considering permanent residency, the National Interest Waiver (NIW) under the EB-2 green card category can be a powerful tool in your immigration journey.
At Peerally Law Group, we’ve helped hundreds of Indian professionals, scientists, researchers, and entrepreneurs successfully navigate this path. Here’s why you should seriously consider applying for a National Interest Waiver.
1. Bypass the Long EB-2 India Backlog
Indian applicants under the EB-2 category often face wait times of 10–15 years due to the visa backlog. While the NIW doesn’t eliminate this backlog, it strengthens your petition and can improve your priority date strategy, especially if paired with cross-chargeability or EB-1 upgrades.2. No Employer Sponsorship Required (Self-Petition Option)
Tired of depending on your employer for immigration sponsorship? NIW allows you to file your green card independently, without needing a job offer or labor certification (PERM). This is ideal for researchers, PhD holders, consultants, and startup founders.
3. Freedom from the PERM Labor Certification Process
PERM requires proving that no qualified U.S. worker is available for your job. This is often expensive, time-consuming, and risky. With NIW, you avoid the PERM process entirely, speeding up your application and reducing employer dependency.4. Ideal for STEM Professionals, Researchers & Tech Innovators
India is a global leader in producing STEM talent. If you are working in areas such as artificial intelligence, climate science, clean energy, public health, cybersecurity, or advanced research—your work may qualify as being in the national interest of the United States. USCIS recognizes scientific and technological contributions that address national challenges—even if made by individuals from abroad.5. Entrepreneurial Freedom: A Path for Indian Founders & Innovators
Many Indian nationals are launching startups and building impactful businesses in the U.S. The NIW provides a legal foundation for you to stay, grow your company, create jobs, and contribute to the U.S. economy—without an employer or large capital investment.6. Strong Education & Career Background? You’re Already Ahead
Indian professionals often bring impressive qualifications—IIT, NIT, U.S. degrees, PhDs, publications, patents, and international recognition. These credentials help demonstrate that you meet the three-prong NIW test, including that your work has substantial merit and national importance.7. Supports U.S.–India Strategic Partnership Goals
Whether in technology, public health, education, or sustainable development, your contributions as an Indian professional can align with U.S. interests. As an attorney who’s worked closely with Indian communities, I’ve seen how individuals play a role in bilateral progress.
Your work doesn’t have to impact all 50 state-regional or sectoral importance can qualify for a National Interest Waiver.
What Is the USCIS Criteria for a National Interest Waiver?
To qualify, you must meet the three-prong test outlined in the Matter of Dhanasar decision:
- Your work has substantial merits and national importance
- You are well-positioned to advance the work
- It would be beneficial to the U.S. to waive the labor certification requirement
Ready to Apply? Let’s Talk.
Whether you’re an engineer at Google, a postdoc at a research lab, or a founder solving energy problems—you may qualify for the NIW. Let us evaluate your case.- Free NIW Eligibility Review
- 20+ Years of Experience with Indian Immigration Cases
- Tailored Legal Strategy Based on Your Profession & Goals
Contact Shah Peerally, Esq. at Peerally Law Group for a consultation today.
📧 [email protected]
🌐 www.peerallylaw.com
About Shah Peerally
Shah Peerally is a U.S. immigration attorney, founder of the Peerally Law Group, and a nationally recognized advocate for immigrant rights. With over two decades of experience serving South Asian and global communities, he specializes in employment-based immigration, entrepreneur visas, and humanitarian immigration. He has helped thousands of clients secure green cards and build lives in America
